Bill Text: NY S01826 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "New York call center jobs act"; requires prior notice of relocation of call center jobs from New York to a foreign country; directs the commissioner of labor to maintain a list of employers who move call center jobs; prohibits loans or grants.

Spectrum: Strong Partisan Bill (Democrat 37-3)

Status: (Engrossed) 2019-06-19 - returned to senate [S01826 Detail]

Download: New_York-2019-S01826-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1826--B
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced  by  Sens. KENNEDY, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BOYLE,
          BRESLIN, BROOKS,  COMRIE,  GALLIVAN,  GAUGHRAN,  GIANARIS,  GOUNARDES,
          HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN,  KAVANAGH,  KRUEGER,
          LANZA, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE,  PARKER,
          PERSAUD,  RAMOS,  SALAZAR, SANDERS, SAVINO, SERRANO, SKOUFIS, STAVISKY
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Labor -- committee discharged, bill amended,  ordered
          reprinted  as  amended  and  recommitted to said committee -- reported
          favorably from said  committee  and  committed  to  the  Committee  on
          Finance  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the labor law, in relation to  enacting  the  "New  York
          call center jobs act"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York call center jobs act".
     3    §  2.  The  labor law is amended by adding a new article 21 to read as
     4  follows:
     5                                 ARTICLE 21
     6                        NEW YORK CALL CENTER JOBS ACT
     7  Section 770. Definitions.
     8          771. List of relocated call centers.
     9          772. Grants, guaranteed loans and tax benefits.
    10          773. Procurement contracts.
    11          774. State benefits for workers.
    12          775. No private right of action.
    13          776. Regulations.
    14    § 770. Definitions. As used in this article:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02106-07-9

        S. 1826--B                          2
     1    1. The term "call center" means a facility or other operation  whereby
     2  employees  receive phone calls or other electronic communication for the
     3  purpose of providing customer assistance or other service.
     4    2.  (a) The term "call center employer" means any business entity that
     5  employs fifty or more employees, excluding part-time employees; or fifty
     6  or more employees that in the aggregate work at  least  fifteen  hundred
     7  hours  per week, excluding overtime hours, for the purpose of staffing a
     8  call center.
     9    (b) The term "part-time employee" means an employee  who  is  employed
    10  for  an  average  of  fewer  than  twenty hours per week or who has been
    11  employed for fewer than six of the twelve months preceding the  date  on
    12  which notice is required under this article.
    13    § 771. List of relocated call centers.  1. A call center employer that
    14  intends to relocate a call center from New York state to a foreign coun-
    15  try or any other state, or reduce call volume handled at call centers in
    16  New  York  state by at least thirty percent, measured as the call volume
    17  of the previous calendar month compared  to  the  average  monthly  call
    18  volume of the previous twelve months, and intends to relocate such oper-
    19  ations  from  New  York  state  to a foreign country or any other state,
    20  shall notify the commissioner at least  one  hundred  days  before  such
    21  relocation.
    22    2.  A  call  center  employer  that  violates  subdivision one of this
    23  section shall be subject to a civil penalty not to exceed  ten  thousand
    24  dollars for each day of such violation, except that the commissioner may
    25  reduce such amount for just cause shown.
    26    3.  The  commissioner  shall compile an annual list of all call center
    27  employers that relocate or reduce call volume  pursuant  to  subdivision
    28  one of this section, and such list shall be made available to the public
    29  and  shall  prominently  display  a link to the list on the department's
    30  website.
    31    4. The commissioner shall make the list created pursuant  to  subdivi-
    32  sion three of this section, available to the public and shall prominent-
    33  ly display a link to the list on the department's website.
    34    §  772.  Grants,  guaranteed  loans  and  tax  benefits.  1. Except as
    35  provided in subdivision three of this section  and  notwithstanding  any
    36  other  provision of law, a call center employer that appears on the list
    37  described in section seven hundred seventy-one of this article shall  be
    38  ineligible  for  any  direct  or indirect state grants, state guaranteed
    39  loans, tax benefits or other financial governmental support for a period
    40  of five years from the date such list is published.
    41    2. Except as  provided  in  subdivision  three  of  this  section  and
    42  notwithstanding  any other provision of law, a call center employer that
    43  appears on the list described in section seven  hundred  seventy-one  of
    44  this  article  shall remit the unamortized value of any grant or guaran-
    45  teed loans, or any tax benefits or other  governmental  support  it  has
    46  previously  received  in  the  past five years.   The provisions of this
    47  subdivision shall apply to grants, loans,  tax  benefits  and  financial
    48  governmental  assistance that is received on or after the effective date
    49  of this article.  Nothing in this subdivision shall be deemed to prevent
    50  the call center employer from receiving any grant to provide training or
    51  other employment assistance to individuals who are selected as being  in
    52  particular  need  of  training or other employment assistance due to the
    53  transfer or relocation of the call center employer's facility or operat-
    54  ing units.
    55    3. The commissioner,  in  consultation  with  the  appropriate  agency
    56  providing  a  loan  or  grant,  may waive the requirement provided under

        S. 1826--B                          3
     1  subdivision two of this section if the call center employer demonstrates
     2  that such requirement would:
     3    (a) threaten state or national security;
     4    (b) result in substantial job loss in the state of New York; or
     5    (c) harm the environment.
     6    §  773.  Procurement  contracts.  The  head of each state agency shall
     7  ensure that all state-business-related contracts  for  call  center  and
     8  customer  service work be performed by state contractors or other agents
     9  or subcontractors entirely within the state of New York. State  contrac-
    10  tors who currently perform such work outside the state of New York shall
    11  have  two  years  following the effective date of this article to comply
    12  with this section; provided, that if any such contractors which  perform
    13  work outside this state adds customer service employees who will perform
    14  work  on  such  contracts,  those  new  employees  shall  immediately be
    15  employed within the state of New York, except that businesses subject to
    16  a contract agreed to prior to the effective date of  this  article  with
    17  terms extending beyond a date greater than two years after the effective
    18  date of this article shall be subject to the provisions of this subdivi-
    19  sion at the next point in which the contract is subject to renewal.
    20    §  774. State benefits for workers. No provision of this article shall
    21  be construed to permit withholding or denial of payments,  compensation,
    22  or  benefits  under  any  other  state law, including but not limited to
    23  state unemployment compensation, disability payments or worker  retrain-
    24  ing  or readjustment funds, to workers employed by call center employers
    25  that relocate to a foreign country.
    26    § 775. No private right of action. Nothing set forth in  this  article
    27  shall  be  construed as creating, establishing, or authorizing a private
    28  cause of action by an aggrieved person against a  call  center  employer
    29  who  has violated, or is alleged to have violated, any provision of this
    30  article.
    31    § 776. Regulations. The commissioner shall promulgate such  rules  and
    32  regulations  as shall be necessary and proper to effectuate the purposes
    33  and provisions of this article.
    34    § 3. This act shall take effect on the one hundred eightieth day after
    35  it shall have become a law.
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